Steven's Point, WI student not charged for gun on school property

[ChrisMG]

DA: No charges against Stevens Point student for bringing shotgun onto school property

Law allows for encased, unloaded gun on school property

Gannett Wisconsin Newspapers October 12, 2007

STEVENS POINT — A night in jail appears to be the only legal punishment facing a Stevens Point Area Senior High School student arrested Thursday for bringing a shotgun onto school property in his vehicle.

With the arrested student watching by video conference from the county jail, Portage County District Attorney Tom Eagon told a circuit court judge that his office would not be seeking any criminal charges against the young man.

The Stevens Point Police Department had requested charges of possession of a firearm on school property after receiving a tip that the boy had a shotgun in his vehicle. Police arrested the student around 11:15 a.m., finding a gun, unloaded, and locked in a case in the boy’s vehicle, along with numerous rounds of ammunition packed separately. According to police, the boy had said he left the gun in his vehicle after hunting early Thursday morning.

According to Eagon, there is an exception under the statute outlawing firearms on school property allowing for unloaded, locked guns.

“In reviewing the firearms in school zone statute, the statute does have an exception for a shotgun or a rifle that was encased and is not loaded, as is the case here,” Eagon told the court, "so the state does not feel that charges would be appropriate.”

SPASH Principal Mike Devine says the student has been suspended for ten days pending an expulsion hearing. Devine says the school’s investigation into the young man’s actions is still in its preliminary stages.

“We’ll review the student’s history, but we also have a board policy that states people that have possession of firearms on school property can be expelled up to 12 months,” said Devine Friday. “It doesn’t mean that’s going to happen, I’m saying that’s an option. It's too early to call.”

Link to article.

This is of particular interest to me working in the school system. It looks like I can at least have an encased rifle and/or shotgun unloaded (with ammunition elsewhere in the vehicle) within my vehicle in the school parking lot. Not a great way to defend yourself in a potential school shooting situation but sure as heck a lot better than our policy of locking the doors and hiding under the tables, assuming someone can get outside the building.

 

[boredelmo]

Devine says the school’s investigation into the young man’s actions is still in its preliminary stages.

What actions? Eh

 

[Standing Wolf]

He may not have broken the law, but he still needs to be punished and publicly humiliated.

Stalin surely would have understood.

 

[TexasRifleman]

God how sad it is these days.

When I was in high school we had a rule that if you brought your hunting firearm to school you had to leave it in the principals office That was just because they were afraid someone might steal them from the cars......Which means we all walked through the front door carrying the darned things....

No one ever even noticed I don't think.

That was in the early 80's, not even that long ago.

 

[elrod]

How DARE he bring a firearm onto our PC campus and escape HARD PRISON TIME by squeezing through a LOOPHOLE that we knew nothing of? Oh, the thought of it!!!

 

[Mr White]

We DEMAND this law be RETROACTIVLY changed!!! This GUN OWNER MUST be made an example of!!!

Maybe we should ban whiny, PC school board members and then all the 'gun problems' would take care of themselves.

 

[devilc]

If, according to state law, he did nothing wrong and they still penalize him, he will sue and receive a settlement when they find they have not a leg to stand on.

 

[Nomad101bc]

Ah so glad to be done with high school longest four years of my life. These idiots in the school administration dont even understand gun ownership and probably want to prosecute him for shooting those cute cuddly critters.

 

[Nil]

I've actually met the DA Tom Eagon several times and I found him to be a completely reasonable and levelheaded man. It looks like this case bears that out.

 

[.cheese.]

kid was apparently more educated than them about the law.... and as a result they want to punish him by seeing to it he does not get additional education..... he's too smart already! Darn kids... following the laws and all...

 

[vtoddball]

I'm so sick of these School Board "legislator wannabees" who decide it's their job to pick up where the real legislators left off and essentially ruin the lives of kids who haven't broken any laws. They're like security guards who couldn't quite cut it as cops. All they have is their silly little School Board position so they have to wave it around to make it look as important as possible.

Interesting how kids who deal drugs, get in fights, don't even pretend to do schoolwork, and bully other students are routinely "forgiven", but a kid has a locked up, unloaded shotgun in his car trunk for hunting, causes no problems, it's all legal, and he's treated like a criminal.

 

[cracked butt]

Stevens Point is one of those backwater areas of Middle America where common sense still prevails. Unfortunately, like every other nice town in Wisconsin, its been infiltrated by WEAC (the extreme left-leaning Wisconsin Teachers' Union.)

The kid undoubtedly had the shotgun in his vehicle for waterfowling- there is an enormous tract of wetlands that are public hunting grounds/waterfowl refuge nearby (I hunted there when I went to the University there).

 

[SteveS]

Unfortunately, like every other nice town in Wisconsin, its been infiltrated by WEAC (the extreme left-leaning Wisconsin Teachers' Union.)

It sounds like it is the administration that is going after this kid, not the teachers.

SPASH Principal Mike Devine says the student has been suspended for ten days pending an expulsion hearing. Devine says the school’s investigation into the young man’s actions is still in its preliminary stages.

The school may have a rule that prohibits firearms on school property. Does anyone know?

I'm so sick of these School Board "legislator wannabees" who decide it's their job to pick up where the real legislators left off and essentially ruin the lives of kids who haven't broken any laws. They're like security guards who couldn't quite cut it as cops. All they have is their silly little School Board position so they have to wave it around to make it look as important as possible.

Did the school board steal your girlfriend, or something?

So, all the rules that exist at schools need to come from the legislature? No thanks. We did a lot of research to find a school that we liked and I would prefer to not give any more power to the State than they already have. Our school board has actually come up with pretty reasonable rules. It is the State that has come up with the ridiculous ones (no carry zone, zero-tolerance).

 

[walking arsenal]

Maybe we should ban whiny, PC school board members and then all the 'gun problems' would take care of themselves.

We could duct tape them to the flag pole.

 

[Neo-Luddite]

If it was an honest mistake, the school board may take that into account. That said, school boards have the duty to set policies and rules to protect children--not allowing students to bring weapons on the grounds is pretty standard.

What I would like to know is just how the shotgun came to be discovered at all? Was it is plain sight?


The local district in my area has a policy against wearing logo-clothing items from known gun manufactures (ie. wearing a 'Ruger' tee shirt gets you in trouble). Pointless and draconian, and maybe easily challenged. In fairness, children do not enjoy full rights that adults do for good reason--I'm OK with a rule against having weapons stored in student vehicles on school grounds. If the school has a shooting team, policies for its weapons can be created.

 

[Zeke Menuar]

This kind of BS just makes my blood boil. Back in the stone age(1978), I would keep my 7MM in the trunk of my car and proceed directly to the hills after school.

Some kids even had the nerve to keep their rifles in the window racks of their pick-ups in the school parking lot. Funny that the problems with weapons on campus started to occur AFTER weapons bans were put in place.

It may come as a shock to the left wing morons in charge of our schools, there are some smart reponsible kids out there that can use their hunting guns in a responsible manner(like hunting). These kids need to be rewarded not punished.

Just (insert expletive here) ridiculous.

Gumble, Grumble......................................................

ZM

 

[crebralfix]

Back in the Bronze Age, I took a Remington 1100 shotgun to school to use as a prop for my gun safety speech in class.

 

[ndh87]

When i was in middle school (early 90s) i had been talking to another student about target shooting with a .22. A few days later I was dragged off to the principle's office and harassed about owning guns. After that i didnt mention guns anywhere near school until my senior year of high school. (finally found a school with other students who hunted, shot, etc.)

 

[ChrisMG]

SteveS
The school may have a rule that prohibits firearms on school property. Does anyone know?

I'm curious if this could stand. In Wisconsin (if I understand this correctly) no county, municipality or the like can have a law above that of the state law. For example, if the state law says I can open carry, then Iron County cannot have a law saying nobody may open carry. That's a really basic explanation of how I understand it.

So would the schools be bound by this or not?